Confidentiality requirements for judicial review proceedings
105HA.—(1) This section applies to a judicial review instituted by any person in respect of —
(a)
any action taken by the Comptroller to obtain information to comply with a request made under section 105D;
(b)
any disclosure or intended disclosure by the Comptroller of information pursuant to an arrangement that has effect under section 49 or 105BA; or
(c)
any action taken by the Comptroller under this Part or a failure to take such action,
as well as any proceedings in court (however instituted) for a liquidated sum, damages, equitable relief or restitution if a Mandatory Order, Prohibiting Order, Quashing Order or declaration is made pursuant to the judicial review.
(2) In any proceedings to which this section applies, no person may inspect or take a copy of any of the following documents without the leave of court:
(a)
a request made under section 105D;
(b)
any document relating to the request which is given by or to the Comptroller, to or by the competent authority or a person acting on behalf of the competent authority.
(3) Leave shall not be given under subsection (2) in relation to any document if the court is satisfied that the competent authority has requested the Comptroller not to disclose that document to any person.
(4) A court may, in any proceedings to which this section applies, on the application of the Comptroller, make such order as it may consider necessary to ensure the confidentiality of anything relating to those proceedings.
(5) Every application, affidavit or other document filed with the court for the purpose of any proceedings to which this section applies shall be sealed upon the request of the applicant or the Comptroller.
(6) All proceedings to which this section applies shall be heard in camera.
(7) No information relating to any proceedings to which this section applies may be published without the leave of court; and leave shall not be given unless the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter that —
(a)
the Comptroller;
(b)
the person from whom the Comptroller obtains the information; or
(c)
the person in relation to whom information is sought,
reasonably wishes to remain confidential.
(8) In this section, “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; or
(b)
an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any matter referred to in subsection (1)(a) to (c).
[Act 37 of 2014 wef 27/11/2014]
Informal Consolidation | Amended Act 34 of 2016
Confidentiality requirements for judicial review proceedings
105HA.—(1) This section applies to a judicial review instituted by any person in respect of —
(a)
any action taken by the Comptroller to obtain information to comply with a request made under section 105D;
(b)
any disclosure or intended disclosure by the Comptroller of information pursuant to an arrangement that has effect under section 49 or 105BA; or
(c)
any action taken by the Comptroller under this Part or a failure to take such action,
as well as any proceedings in court (however instituted) for a liquidated sum, damages, equitable relief or restitution if a Mandatory Order, Prohibiting Order, Quashing Order or declaration is made pursuant to the judicial review.
(2) In any proceedings to which this section applies, no person may inspect or take a copy of any of the following documents without the leave of court:
(a)
a request made under section 105D;
(b)
any document relating to the request which is given by or to the Comptroller, to or by the competent authority or a person acting on behalf of the competent authority.
(3) Leave shall not be given under subsection (2) in relation to any document if the court is satisfied that the competent authority has requested the Comptroller not to disclose that document to any person.
(4) A court may, in any proceedings to which this section applies, on the application of the Comptroller, make such order as it may consider necessary to ensure the confidentiality of anything relating to those proceedings.
(5) Every application, affidavit or other document filed with the court for the purpose of any proceedings to which this section applies shall be sealed upon the request of the applicant or the Comptroller.
(6) All proceedings to which this section applies shall be heard in camera.
(7) No information relating to any proceedings to which this section applies may be published without the leave of court; and leave shall not be given unless the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter that —
(a)
the Comptroller;
(b)
the person from whom the Comptroller obtains the information; or
(c)
the person in relation to whom information is sought,
reasonably wishes to remain confidential.
(8) In this section, “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; or
(b)
an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any matter referred to in subsection (1)(a) to (c).